NY Penal Law § 260.06: Non-support of a child in the first degree

If you fail to support your child you risk being convicted of a crime and being sent to jail. Under New York Penal Law § 260.06 in order to prosecute you for non-support of a child in the first degree you must have been convicted of non-support of a child in the second degree within the prior 5 years and you also are:

1. A parent, guardian or other person legally charged with the care of custody of a child who is less than 16 years old, and you fail to do so without a lawful excuse; or
2. A parent, guardian or other person legally obligated to make child support payments by a court order for a child who is less than 18 years old, and you fail to do so without a lawful excuse.

Once again Bobby was 3 months behind in child support payments. His ex-girlfriend pleaded with him month after month to make the payments. Bobby kept saying he did not have the money. His ex-girlfriend reminded him of the previous year when he stopped paying and ended being convicted of non-support of a child in the second degree. Finally, when he was 5 months in arrears, his ex-girlfriend contacted the authorities. Bobby will face a charge of non-support of a child in the first degree since he has within the last 5 years been convicted of non-support of a child in the second degree. Simply saying that he does not have the money is not a legally acceptable excuse for not paying child support.

1. Non-support of a child in the second degree: New York Penal Law § 260.05
2. Abandonment of a child: New York Penal Law § 260.00

In order to successfully prosecute you for non-support of a child in the first degree, the prosecutor must prove that you are able to pay child support but are unwilling to do so. If there is a lawful excuse for your failure to pay, then you have not violated the statute.

Non-support of a child in the first degree is a class E felony. If you are convicted you could be sent to prison for up to 4 years or be placed on probation for 5 years.

A person is guilty of non-support of a child in the first degree when: 1. (a) being a parent, guardian or other person legally charged with the care or custody of a child less than sixteen years old, he or she fails or refuses without lawful excuse to provide support for such child when he or she is able to do so; or (b) being a parent, guardian or other person obligated to make child support payments by an order of child support entered by a court of competent jurisdiction for a child less than eighteen years old, he or she fails or refuses without lawful excuse to provide support for such child when he or she is able to do so; and 2. he or she has previously been convicted in the preceding five years of a crime defined in § 260.05 of this article or a crime defined by the provisions of this section.

If you are charged with non-support of a child in the first degree, it is important that you have experienced representation. If you are convicted you could face up to 4 years in prison resulting you missing precious time with your children. In addition, if you are delinquent in supporting your children, you may lose your driver's license. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with felonies and misdemeanors. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.